Opinion
5 Div. 814.
February 10, 1931. Rehearing Denied April 7, 1931.
Appeal from Circuit Court, Lee County; W. B. Bowling, Judge.
Boykin Smith was convicted of manufacturing prohibited liquor and possessing a still, and he appeals.
Affirmed.
Charge 3, refused to defendant, is as follows:
"Even though the jury may believe after a consideration of all the evidence in the case, that the defendant did the things at the still testified to by the State witnesses, yet if the still may have been in the possession of some one other than the defendant, and, if it was so in possession of another, you should acquit the defendant."
Charlie C. McCall, Atty. Gen., for the State.
Brief did not reach the Reporter.
The evidence was in conflict, making a jury question as to the guilt vel non of the defendant. The affirmative charge was properly refused.
Defendant's refused charge, which for convenience we have marked 3, is invasive of the province of the jury.
Refused charge 4 is covered by the general charge.
We find no error in the record, and the judgment is affirmed.
Affirmed.